City businessman loses bid to stop case on threats to kill Jacob Juma
Nairobi-based debt collector Bryan Yongo on Tuesday lost a bid to have a case in which he is accused of threatening to kill businessman Jacob Juma terminated.
A Kibera court court ruled that the death of a complainant cannot be a basis for withdrawal of a criminal case.
Mr Yongo had asked the court to dismiss the case arguing that Mr Juma, the complainant, had died with his case and that proceeding with it would be waste of time.
Mr Juma was killed early this year in unclear circumstances.
Chief Magistrate Ann Ong’ijo in her ruling said tha tMr Yongo was partially right to state that the complainant died. She however said there are four counts in the case that cannot be separated.
NOT SERVE JUSTICE
“There are four counts that are intertwined and hard to separate. I find that dismissing the case would not serve justice,” the magistrate said.
She said the death threats Mr Yongo is alleged to have sent to Mr Juma were via short text messages and do not require the presence of a complainant.
After the ruling, Mr Yongo applied for leave to appeal at the High Court. The leave was granted.
The businessman said he was confident the higher court would quash the ruling and halt the case.
However, the magistrate set February 1 2017 for hearing of the case.
The prosecution had opposed his application stating that the case was a “public prosecution” and should be allowed to proceed.
In the case, Mr Yongo is accused of threatening to kill Mr Juma along Brookside drive, Nairobi, in November 8 2014, a charge he has denied.
He is jointly charged with four other suspects Patrick Ochieng Okumu, Kennedy Otieno Omwanda, Pascal Ouma and Salmon Njoga Otira with preparation to commit a felony.
He is separately charged with possession of a firearm without a certificate and issuing death threats to Juma.